Dyno Nobel Asia Pacific Pty Ltd Summary

[2025] FWCA 1957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Dyno Nobel Asia Pacific Pty Ltd

(AG2025/1671)

DYNO NOBEL CENTRAL & SOUTH QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 12 JUNE 2025

Application for approval of the Dyno Nobel Central & South Queensland Operations Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Dyno Nobel Central & South Queensland Operations Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dyno Nobel Asia Pacific Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 4.2 of the Agreement and the undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Mining and Energy Union Queensland District Branch (MEU) and the Australian Workers’ Union (AWU) lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the MEU and AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Ltd sought approval for the Dyno Nobel Central & South Queensland Operations Enterprise Agreement 2025 before the Fair Work Commission. The application was made to ensure the agreement's compliance with relevant industrial relations laws and its suitability for the employees covered by it. The primary dispute centred on whether the agreement met the statutory requirements and provided fair terms and conditions for the workforce. The court was tasked with examining the provisions of the agreement to determine if it adhered to the criteria set out in the Fair Work Act 2009.

The legal issues before the court included whether the agreement was genuinely bargained, if it complied with the Fair Work Act, and whether it provided for a fair and reasonable set of terms and conditions. Additionally, the court considered whether the agreement sufficiently addressed the needs and interests of both the employer and the employees, particularly in terms of wages, hours of work, and other conditions of employment. The court also evaluated whether the agreement provided for appropriate dispute resolution mechanisms and if it met the procedural requirements for approval under the Act.

The Fair Work Commission, after reviewing the submissions and evidence presented by both parties, concluded that the Dyno Nobel Central & South Queensland Operations Enterprise Agreement 2025 was genuinely bargained and complied with the statutory requirements. The court found that the agreement provided fair and reasonable terms and conditions for the employees and adequately addressed the interests of both parties. Furthermore, the agreement was deemed to provide for appropriate dispute resolution mechanisms and met the procedural requirements for approval under the Fair Work Act 2009. Consequently, the court approved the agreement, ensuring it would be binding on the parties involved.

Dyno Nobel Asia Pacific Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established